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Sens. Mike Lee (R-UT) and Ron Wyden (D-OR) sent a letter to Director of National Intelligence Director Dan Coates today seeking clarity on which individuals the intelligence community is targeting under Section 702 of the Foreign Intelligence Surveillance Amendments Act.
Оригинальное название
Sens. Lee and Wyden Seek Answers to Surveillance Targeting
Sens. Mike Lee (R-UT) and Ron Wyden (D-OR) sent a letter to Director of National Intelligence Director Dan Coates today seeking clarity on which individuals the intelligence community is targeting under Section 702 of the Foreign Intelligence Surveillance Amendments Act.
Sens. Mike Lee (R-UT) and Ron Wyden (D-OR) sent a letter to Director of National Intelligence Director Dan Coates today seeking clarity on which individuals the intelligence community is targeting under Section 702 of the Foreign Intelligence Surveillance Amendments Act.
MICHAEL S. LEE COMMITTEES:
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September 26, 2017
‘The Honorable Daniel R. Coats
Director of National Intelligence
Washington, D.C. 20511
Dear Director Coats:
We write to seek a clear public answer about the circumstances in which the intelligence
‘community may target individuals using the authority provided by Section 702 of the Foreign
Intelligence Surveillance Amendments Act.
As you know, later this year, Congress will consider the reauthorization of Section 702, which
authorizes the collection, use, and dissemination of electronic communications content either
stored by U.S. internet service providers or traveling across the internet’s “backbone.” Unlike
traditional FISA surveillance, which requires individualized warrants, surveillance under Section,
702 merely requires that the FISA Court approve broad categories of foreign intelligence
information to be collected as well as the targeting and minimization procedures the government
intends to employ
As Congress considers reauthorization of this authority, we believe itis important that Congress
and the American people have a better understanding of the general categories of individuals
who can be targeted, particularly given that intelligence community leaders have repeatedly
described Section 702 as a tool used to target foreigners who threaten our national security.
On May 3, 2017, then-FBI Director James Comey testified before the Senate Judiciary
Committee. In his opening statement, Director Comey praised Section 702 as a valuable tool
which the intelligence community used to “quickly target terrorists, weapons of mass
destruction, proliferators, spies, cyber hackers.” When questioned by Senator Lee at the same
hearing about whether Section 702 could only be used to target national security threats, or
whether it could be used to collect “foreign affairs related information,” Director Comey
responded by stating that “Not that I'm aware of. I think —TI could be wrong, but I don't think so,
[think it's confined to counterterrorism, to espionage, to counter proliferation.”
When Senator Lee then followed up to ask if the intelligence community “currently use[s}
Section 702 to target people abroad in — in instances unrelated to national security threats?”
Director Comey responded by stating that “I don't think so, like a diplomat to find out how
someone feels about a particular foreign policy issue or something, I don't think so.”Wnited States Senate
WASHINGTON, D¢ 20510
Section 702 requires that a “significant purpose” of the surveillance be to obtain “foreign
intelligence information,” which is broadly defined as including information related to “the
conduct of the foreign affairs of the United States.” Moreover, targeting procedures under
Section 702 allow for the targeting of individuals who are “assessed to possess, expected to
receive, ot are likely to communicate foreign intelligence information.” ‘These authorities appear
to be broader than the limitations described by former Director Comey.
In order to facilitate an honest, forthright debate about Section 702, we ask that you clarify the
types of individuals and organizations that the intelligence community currently targets under
Section 702, Specifically, please indicate which of former Director Comey’s statements during
the May 3, 2017, hearing accurately describes the extent of the government's targeting authorities
under Section 702 and the limitations on those authorities, We would appreciate an unclassified
response to this letter by October 25, 2017.
Thank you for your attention to this important matter.
Sincerely,
Mike Lee Ron Wyden
United States Senator United States Senator